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The Arbitrazh Court of the City of Moscow denied recognition and enforcement of a foreign court judgment contrary to the interests of a client of the Law Office

Events » The Arbitrazh Court of the City of Moscow denied recognition...

A foreign company filed with the Russian arbitrazh court seeking recognition and enforcement in Russia of a foreign court judgment on a corporate dispute, which deprived a client of the Law Office of title to an equity interest in a Russian company.

The client was represented by attorneys Valentin Bytensky and Dmitry Sidur who successfully argued that the court of a foreign state had ruled on a dispute falling under the exclusive competence of Russian courts, which pursuant to arbitrazh procedural laws of Russia results in denial of recognition and enforcement of such foreign judgments.

The Arbitrazh Court of the City of Moscow agreed with these arguments and denied recognition and enforcement of a foreign court judgment in Russia.

Solving the dispute, the appellate court agreed with the arguments of the Bureau’s attorney Anna Ivanova that the only prosecutor and other authorized bodies in according with the Federal law have the right to sue on the demolition of unauthorized construction, in particular the Department of Cultural Heritage, if the construction works are implemented on a cultural heritage or its territory. The Court also noted that, as a result of the construction work does not create a new property, the work can not be considered unauthorized construction.